Family Law Flashcards
What is Marriage?
Marriage is a civil contract between two parties.
What does a ceremonial marriage require?
A ceremonial marriage requires a license and solemnization.
What does a ceremonial marriage license require?
A ceremonial marriage license requires (1) age; (2) waiting period; and sometimes (3) health testing.
What does solemnization require?
Solemnization requires (1) 2 witnesses; (2) officiant; and (3) marriage license
What does common-law marriage require?
Common law marriage requires (1) agreement the parties are married; (2) cohabitation; and (3) holding themselves out in public as married.
How may a marriage be terminated?
A marriage may be terminated through (1) annulment; (2) divorce; and (3) death.
What does annulment do?
Annulment voids a marriage.
What is a void marriage?
A void marriage is “as if it never happened”
What voids a marriage?
A marriage is void due to (1) A prior existing marriage; (2) incest; (3) mental incapacity.
What is a voidable marriage?
A voidable marriage is a valid marriage until a spouse seeks annulment.
What does a voidable marriage require?
A voidable marriage requires a judicial decree.
What makes a marriage voidable?
A marriage is voidable due to (1) age; (2) unknown natural and incurable impotence; (3) intoxication; (4) fraud, misrepresentation, duress, coercion, force; and (5) lack of intent.
What is divorce?
Divorce is a legal dissolution of marriage.
What does a No-Fault Divorce require?
A no fault divorce requires either (1) irreconcilable differences; or (2) incapacity.
What are the grounds for a fault based divorce?
The grounds for fault based divorce are (1) adultery; (2) cruelty or inhumane treatment; (3) desertion; (4) habitual drunkenness; (5) bigamy; (6) imprisonment; (7) indignity; (8) institutionalization.
What are the defenses to divorce?
The defenses to divorce are (1) recrimination and unclean hands; (2) connivance; (3) condonation; (4) collusion; (5) provocation; (6) insanity; (7) consent; (8) justification.
What are the ways property may be divided?
Property may be divided through (1) Community Property; or (2) Equitable Distribution
What is community property?
Community property splits the property 50/50.
What is equitable distribution?
Fair distribution
What are exceptions to marital property?
The exceptions to marital property are (1) before the marriage; (2) Inheritance; (3) gifts; and (4) settlements.
What are the types of spousal support?
The types of spousal support are (1) lump sum; (2) permanent alimony; (3) durational alimony; (4) rehabilitative alimony; and (5) reimbursement alimony.
What are factors that may affect modification of spousal support?
Factors that may affect modification of spousal support are (1) death; (2) remarriage; (3) cohabitation; and (4) voluntary retirement.
How long may child support last?
Child support may last (1) until 18; (2) until 19 if pursing a high school diploma full time; (3) physical or mental disabilities of the child; and (4) through college.
How can child support be calculated?
Child support may be calculated (1) income shares model; or (2) percentage of income model.
What is the income shares model?
The income shares model adds both incomes, determines the amount of child support, and allocated responsibility respective to each person’s net income.
What is the percentage of income model?
The percentage of income model uses a percentage of the non-custodial parent’s income.
Can child support be modified?
Child support can be modified if the child’s or parent’s circumstances change.
Can child custody agreements be modified?
Child custody agreements can be modified if there are substantial and unforeseen changes in circumstances.
What is the Uniform Interstate Family Support Act (UNFISA)?
UNFISA is the long arm statute which allows PJ over out of state parents.
How is PJ determined under UNFISA?
PJ under UNFISA is determined through (1) personal service; (2) consent; (3) past residency; (4) child forced to reside in that state; (5) conception; (6) putative father registry.
Modification to child support is allowed under what circumstances?
Child support may be modified if (1) it is in good faith; and (2) it does not harm the child.
Do states have PJ over domestic issues.
States have PJ over domestic issues not involving child support (ie: divorce agreements)
